All Forum Posts by: Joe Leung

Hi All,

Thank you for all the support and ideas.  I was on vacation for few weeks after the eviction trial.  I hired a lawyer for the case.  It turns out not so bad.  My lawyer spoke to the tenant right before the eviction trial (like a mediation) and the tenant agreed to pay the past rent thru the security deposit and agreed to pay the remaining on 8/31/17.  The tenant agreed to leave between 9/1-9/15.  They signed some agreement form from my lawyer which I'm not sure what it is.  My lawyer said the agreement form will ensure they will make their promise and if they don't pay the remaining by 8/31/17 or leave on 9/15/17 then I can get possession of the property right away without going to eviction trial.

Joe

Hi Odie Ayaga

REIA? This is the first time I heard of it. I google a lot of information about landlord and eviction but REIA is something I have never heard of. It looks like REIA is nationwide. Thank you so much for the information.

Hi Anish,

I am looking into property management too.  I know they charge about 10% but that just the basic.  I am still a little skeptical about PM.   I'm afraid the PM will just find low quality family so they could get commission.  exaggerate repair so they get more $$$.  I want a PM that can deal with eviction and repair.  I have search on the internet and I couldn't find any PM nearby Trenton, Hamilton and Princeton area.

Hi Scott, 

I heard about Joe Mooney.  I called him one time but he was too busy.  I have another lawyer working on the case.  I'm not sure how good he is.

Hi Johann,

 I read "The Truth of Renting".  I feel so panic after I read the rights for the tenant.  The book even teach tenant number of days to send Notice of Quit, leasing ending is not ending.... , legal rights...etc etc.  I just hope the Judge be fair and get the eviction.   Do you know I have NEVER EVER in COURT.  I've never watched any live court tv shows.  When I was in college, l failed TWICE in Law 101.  The conversation in Court is like a foreign language to me.  Let along I am very nervous to speak in public.  Now I am standing in front of a Judge.   I am hoping my lawyer will do all the talking.  I just want to answer YES or NO.

Hi Harel,

On your eviction, how many months from your tenant not paying you until the eviction?  How much money you lost on your rental in those time?

Thank you

Joe

Hi Gary,

I thought you don't need notice to quit for non-payment.  Why did you issue Notice to Quit?

you said you lost 2 months rent and the tenant was out in 2 months.  Is this 4 months total? or 2 months?

My concern is the tenant 1)may get upset and destroy the property  2) making false claim like Inhabitable, already paid rent, sick and reschedule the court, made a bounce check on eviction hearing, file appeal, file motions to delay the eviction process. 3) using he has 2 minors under 18 in the house to have extension to stay.

The lease is end in 8/31/17.  But I can't evict the tenant just because the lease is end.  So now I am dealing with non payment of rent and non renewal of the lease because of non payment.  I am also concerned if the tenant pay just the rent without lawyer fee/late fee and let them to stay then the lease is automatic renew to month to month.  What if the tenant do this again?  

Hi Mason,

I have heard many stories in New Jersey a judge can grant a tenant stay in the house for up to 6 months.  This is written in New Jersey Landlord/Tenant book.  Does this happen to where you live in California?  The law also said tenant can not be evicted when he/she paid the all dues on eviction hearing day.  The Landlord must let the tenant stay if he/she paid.  If Landlord refused to accept the rent, the civil court will hold the rent but the tenant still can stay.  The law also said the tenant is not required to move out when the lease is ended.  The landlord must give GOOD CAUSE for non-renewal---Example of a good cause is non payment of rent.   Of course non-payment of rent is non-renewal.  Who is going to renew the lease when the tenant is not paying you???!!!!

NJ law is so discriminated against landlord. 

Hi Al,

My house is in Hamilton.  I have him for 4 years.  The family was used to make a lot of money.  Somehow he lost his job and he hasn't been found another job.  He told me a year ago he is suing his company and will get a lot of money from them.  It's over a year now and he can't pay his rent.  I have my broken did the screening 4 years ago and he was making a lot of money.  I heard tenant renewal doesn't need re-screening so I didn't do it 2 years ago. 

Hi,

I thought about presenting myself but I don't have confidence and what to expect in court.  I hired a lawyer from google search.  I tried to use Turboevict but they can't help me since I already filed the eviction already.  It is a great idea to search an experience eviction lawyer in court.  I wish I posted this earlier. 

I just want the trial to get it done ASAP so I can sleep peacefully.  Eviction for non-payment is very straight forward.  No pay -No stay.  But New Jersey has anti-eviction laws, landlord/tenant laws in favor to the renters.  All paper works has to file correctly.  Then the judge can decide how long the tenant can stay.  I have heard the Judge always give tenant 3-6 months for a family with minor to stay free before judgement of possession.  That means I will lose 6 months rent after court in addition to my past 2 months rent due.  The WORST NIGHTMARE is the tenant file for motion for extension to stay, then clean up and repair.   I don't have 1 year reserve to keep paying mortgage, repair, lawyer and court fees without rental income. 

Anyone has any experience how long the tenant with minor for non-payment can stay?

thank you

Joe

Hi all,

I have few properties in New Jersey for few years.  I realized the passive income is not really a passive income as the tenant call you for repairs- the fence, leaking basement, driveway crack, dishwasher, water heater broken, central air, HVAC, install new door lock, pass inspection, to clean up the house after tenant move out etc etc etc.   I feel like this is so much work but I still enjoy doing that until...........

I have a tenant was behind the rent.  He used to have a good job and pay very on time.  Ever since he lost his job 2 years ago the rent started behind.  He has been trying to pay but he just couldn't keep up.  I arranged with him to pay weekly but he still couldn't keep up.  I have to keep tracking his rent balance constantly and he always text me about his family problems-wife fracture, son sick, car accident, mother in nursing home, father in hospital....  I started to get very tired of his problem and I am not his family therapist.  Few weeks ago I asked him to pay the rent for the rest of the month and he text me back that he will pay me only when he has money.   He didn't give me the date. So I told him if he doesn't pay at the end of the day then I will file for eviction for non-payment.  He was very upset blaming me putting his children in danger and made his family homeless. 

In New Jersey, I don't need to have Notice for Non-payment.  Ever since then I couldn't sleep.  I'm feeling very panicky everyday since. This is my first tenant doesn't pay me.  I'm so worries that he may damage my house, he may countersue me, the court may extend his stay for 6 months or more as he has 2 children under 18 and he is on disability. 

The more I read about the New Jersey Landlord/Tenant Law the more I realize NJ is tenant friendly state.  I'm afraid the court may dismiss my eviction case because I accept $200 of $2000.00 (prior I file for eviction) as partial rent so this is not consider as NON-PAYMENT, or the court said the tenant is Habitual Late Payment that I should send him Notice to Cease first.  Or maybe the court give them 6 months or more because he is using  "HARDSHIP" as a reason.  The lease will end in a month and New Jersey tenant does not have to move out at the end of the lease.  Landlord must allowed tenant to renew the lease unless there is a good cause.  the good cause is non payment but then what if I don't win the eviction or the tenant paid me on the eviction date then the good cause (non payment) can not be used to terminate the lease.  Tenant doesn't pay the rent is the worst nightmare for the landlord especially the law is on tenant side.  I have mortgage, insurance, repair bills to pay but I can't eviction them instantly, and letting them destroy the house and living for free.

Has anyone experience this kind of stress before?  Is this mean I have to suffer 6 months no rent, eviction file after file, clean up the house and repair the damage?  Where is the justice?  I really couldn't afford the mortgage.  Can anyone give me some idea what I should do?

Thank you